This was the contention of his lawyer, Michael W. Dotts, in a memorandum in support of cross motion for summary judgment to liability submitted on April 23.
Dotts cited the Sonoda v Cabrera case in insisting that Atalig should be granted summary judgment.
The U.S. Court of Appeals for the Ninth Circuit in the Sonoda case, Dotts said, noted that only the CNMI Legislature could exempt positions from coverage of the CNMI Civil Service Act.
At that time, Dotts added, Sonoda’s position of director of the Division of Customs was not one of the 12 statutorily exempted positions.
When Sonoda was hired, he was designated “excepted service” but was terminated without cause less than a year later.
Dotts said Sonoda sued and argued that despite having been designated “excepted service” and hired pursuant to a contract, he was in a position covered by the CNMI Civil Service Act and entitled to the protection of that law.
“Here, Atalig was designated a ‘limited term appointee’ just like Sonoda was designated ‘excepted service.’ Here, the position of PIO of DPW was not one of the statutorily exempted positions from the Civil Service Act, just like in Sonoda…. Here, Atalig was fired without cause, notice, or an opportunity to be heard just like Sonoda. And here, Atalig’s rights were violated just like Sonoda,” Dotts said.
Atalig applied and was hired by DPW as a public information officer in Sept. 2003 but because of Directive 215, he was denied civil service protection.
In Nov. 2005, the then-governor issued Directive 245, which repealed some provisions of Directive 215.
Directive 215 states that “No employee on a limited term appointment may be converted to civil service permanent status. No new hire may be converted to civil service probationary status.”
Atalig said he checked with the Office of Personnel Management and learned that the CNMI master list of civil service positions indicated four grades of PIO: public service intern, public information officer, public information officer II, and public information officer.
“At the close of the Babauta administration, employees who had been improperly hired on limited term appointments such as myself were converted to full civil service status pursuant to Directorate 245 on Nov. 25, 2005,” Atalig said.
The attorney general’s office, he added, stated in an opinion that it is unlawful to hire individuals for permanent position on a limited term basis, and that if such individuals have completed at least 52 weeks of service they should be treated permanent.
“I had completed about 120 weeks of service by Feb. 2006,” Atalig told the court. “I was one of the many employees to be converted, and I submitted all the necessary papers for my conversion and I fully expected to continue in my employment.”
Dotts said Atalig held the civil service position of PIO, although when Atalig obtained it he was labeled a “limited term appointee.”
But a mere title, the lawyer added, is not conclusive in determining whether an employee is properly a member of the class of employees not covered by the civil service system.
